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Supreme Court - Daily Orders

Dr. Aashiq Hussain Faktoo vs Union Territory Of Jammu And Kashmir on 22 November, 2021

Bench: L. Nageswara Rao, Hima Kohli

                                                            1

     ITEM NO.18                     Court 5 (Video Conferencing)                   SECTION X

                                    S U P R E M E C O U R T O F             I N D I A
                                            RECORD OF PROCEEDINGS

     Writ Petition(s)(Criminal)                      No(s).     456/2021

     DR. AASHIQ HUSSAIN FAKTOO                                                   Petitioner(s)

                                                         VERSUS

     UNION TERRITORY OF JAMMU AND KASHMIR & ANR.                                 Respondent(s)

     (IA No.141259/2021-GRANT OF INTERIM RELIEF )

     Date : 22-11-2021 This petition was called on for hearing today.

     CORAM :
                            HON'BLE MR. JUSTICE L. NAGESWARA RAO
                            HON'BLE MS. JUSTICE HIMA KOHLI


     For Petitioner(s)                    Mr. Colin Gonsalves, Sr. Adv.
                                          Mr. Sadiq Noor, Adv.
                                          Mr. Satya Mitra, AOR

     For Respondent(s)


                           UPON hearing the counsel the Court made the following
                                                O R D E R

This writ petition is filed for setting aside Rule 54(1) of the Manual for Superintendence & Management of Jails in State of Jammu and Kashmir, 2000 and for setting aside Government Order No. Home 73 of 2012 issued by the State of Jammu and Kashmir on 23.08.2012.

The petitioner further seeks a direction to the Signature Not Verified High Court of Jammu & Kashmir to hear LPA No.230 of Digitally signed by Charanjeet kaur Date: 2021.11.22 17:24:45 IST Reason: 2012.

The petitioner submits that he has completed 20 years of sentence. The application filed for 2 remission was rejected and the writ petition filed by him was dismissed. Challenging the Order passed in the writ petition, the petitioner filed LPA No.230 of 2012 which has been pending consideration before the High Court of Jammu and Kashmir since then.

We request the High Court to dispose of LPA No.230 of 2012 expeditiously as the petitioner has been languishing in prison for a long number of years. The petitioner is also at liberty to challenge Rule 54(1) of the Manual for Superintendence & Management of Jails in State of Jammu and Kashmir, 2000 and Government Order No. Home 73 of 2012 issued by the State of Jammu and Kashmir on 23.08.2012, in the High Court of Jammu & Kashmir.

The writ petition stands disposed of accordingly. Pending application(s), if any, shall also stand disposed of.

(Geeta Ahuja)                                              (Raj Rani Negi)
Court Master                                               Deputy Registrar